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5. SAFER Grant - Fire DepartmentKXLISPELL FIR.E DEPARTMENT PO Box 1997 Daniel Diehl -- Fire Chief 312 First Avenue East Dave Dedman-Assistant Chief Kalispell, Montana 59901 Cec Lee- Executive Secretary #A Phone: (406) 758-7760 FAX: (406) 758-7777 TO: The Honorable Mayor Tammi Fisher and City Council FROM: Dan Diehl, Fire Chief Jane Howington, City Manager RE: Staffing for Adequate Fire and Emergency Response (SAFER) Grant MEETING DATE: July 19, 2010 BACKGROUND: The Kalispell Fire Department applied for a SAFER grant through the Department of Homeland Security. This grant was applied for under the rehire option of the grant to replace the positions eliminated with Firefighter EMT -Basic positions. The fire department was awarded the grant for the salary and benefits for three (3) Firefighters EMT -Basics for two years. The federal share of the project is $457,887 with no share requirement to the City of Kalispell. The grant requires the City of Kalispell to maintain our current firefighter staffing level for this period of two years. RECOMMENDATION: City Council accept the grant. FISCAL IMPACT: The entire amount of the firefighters' salary and benefits will be paid by the grant. Respectfully submitted, Dan Diehl Fire Chief C( Jane Howington City Manager "Protecting our community with the highest level of professionalism." a Cl W iL �Q W Ira � c � v �a v wo �� �- =W =W =Z ?►. d . Wit WC= W> M Q AC Q CL v v c LU C] W.. LL FW.. FF- =W F.w = =UJ �a 0 m LL aLLI a wW [L-a LL, Via' iU � cu W W;:::.>:::::.::::: �A = LU = _ W ::i'r::: CL W iL W a LL; c� a� - c.x U W W W = W =LLI N g = Leg W 4 W a W W (1) W t iL a. E- 1L 4-0 r- r- D I tko v) = CL LL 4-Ja M tn u au tko s � .Ul Assurances ana ueruilcaiions rage i oz W: _. do • ■ Select section to review � Go You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an * are required. Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1, Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728--4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of oPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title Ix of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685--1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91--616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0} the https:lleservices.ferna.gov/FemaFireGrant/firegrant/jsp/general/selectoption.do?option=l0 6/14/2010 Assurances and uert tications Fage z of 1 requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501--1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. VVill comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P. L. 91 W-190) and Executive order (E0) 11514; (b) notification of violating facilities pursuant to Ea 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (D conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.G. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. will comply with the wild and Scenic Rivers Act of 1968 (16 U.S.G. Section 1271 et seq.) related to protecting components or potential components of the national gild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National H istoric Preservation Act of 1966, as amended (16 U. S. C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal welfare Act of 1966 (P.L. 89--544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.G. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. https-.Heservices.fema.govlFemaFireGrantlfiregrantljsp/general/selectoption.do?option=10 6/14/2010 Assurances and C:ertttications FagG J U1 Signed by Dan Diehl on 12/1512009 https:Heservices.fema.gov/FemaFireGrant/firegrantljsp/general/selectoption.do?option=l o 6114/201 Assurances and C:ertiticatxons Page 4 ot- 7 You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and other Responsibility Matters and Drug -Free Workplace Requirements. Note: Fields marked with an * are required. 1. Lobbying A. As required by the section 1352, Title 31 of the LDS code, and implemented at 44 CFR Part 13 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 13, the applicant certifies that: (a) N❑ Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contracts}) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.51 O -A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, aftempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity https:lleservices.fern.a.gov/FemaFireGrant/firegrant/jsp/genera lselectoption.do?option=lo 6/14/2010 Assurances and C;ertrtfcations .gage 5 of 7 (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees other than individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.616 and 17.620: (A) The applicant certifies that it will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be unposed upon employees for drug abuse violations occurring in the workplace; (c) making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable awarding office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). https:lleservices.fema.gov/FemaFireGrant/firegrantljsplgeneraFselectoption.do`.?option=I0 6/14/2010 '� Assurances and Uertit cations rage o Ol r (B) The grantee may Insert in the space provided below the site(s) for the performance of Work done in connection With the specific grant: Place of Performance Street city State Zip Action 255 West Reserve Loop Kalispell Montana 59901 -4985 312 1 st Avenue East Kalispell Montana 59901 -4985 If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. NO MIT 1111 IMVIMVI'Iffi:��' h- tps://eservices.fema.gov/Fern.aFireGran.t/firegrant/jsp/general/selectopt on.do?option —1 0 6/14/2010 a Assurances and uertitications rage '/ of'/ FEMA Standard Form LLL Complete only if applying for a grant for more than $100,000 and have lobbying activities using Non - Federal funds. If this lobbying form is not applicable, check "This form is not Applicable." and include this page with your application submission This form is not applicable Select section to review A Go https:lleservices.fema.govlFemaFireGrant/firegrant/jsp/general/selectoption.do?option=l0 6/14/2010